IAIA16: How to enhance EIA in Asia Strengthening EIA in Asia - Based on seven-country study in Asia - Ikuko Matsumoto, Daisuke Sano, Akiko Urago, Yasuo Takahashi and Naoko Genjida (IGES) May 11, 2016 Nagoya, Japan; IAIA16 1
Outline 1. Background 2. Key findings (Challenges, Good practices and ways forward) Quality of EIA • – Screening and Scoping – Impact assessment and Environmental Management and Monitoring Plan (EMMP) – Review and approval of EIA Information disclosure and public participation • Implementation of EMMP • Strategic Environmental Assessment and Upstream EIA • 3. Synthesis EIA as a project planning and management tool • EIA as a tool for participatory decision-making process • Implications for policy planning beyond project-level decisions for • sustainable development 2
1. Background • Most of the East and Southeast Asian countries are about finalizing establishment of basic EIA system. However, they still need to strengthen its implementation and further establishment of EIA related policies and guidelines. • Existing activities on strengthening EIA by ADB, IFC, JICA, UNDP, USAID, USEPA, WB, and others in Asia • IGES study Identifies common challenges and opportunities to strengthen EIA in Asia based on a study in seven Asian countries (Cambodia, Indonesia, Korea, Lao PDR, Myanmar, Thailand and Vietnam) supported by Ministry of the Environment, Japan from August 2014 to April 2016. 3
2. Key findings (1): Quality of EIA (Screening and Scoping) Key Challenges Good practices Ways forward Screening Screening Screening Some projects are approved Amended line ministries’ Consider a new • • • without screening process regulations (Indonesia) system to Screening at the local level Online screening system categorise the • • Downsizing/splitting projects (Indonesia) projects based on • to avoid EIA in all countries Site visit at screening environmental • Limited information for stage (Cambodia) consideration of • screening Scoping project owners Scoping Detailed scoping Scoping • No scoping section in the EIA guidelines and training Establish ‘scoping • • Scoping depends on the systems (Indonesia) specialist system’ • reviewers’ specialty An online information and/or special • Fails to priolitize issues system to prevent organisation for • No public participation overlooking important scoping. • during scoping stage issues (Korea) 4
2. Key findings (2): Quality of EIA (Impact assessment and EMP) Key Challenges Good practices Ways forward Impact assessment Impact assessment Impact assessment Further ensure Biased assessments Integrated environmental • • • the independence Limited budget and and social risk management • of the assessment time into the Central Bank’s EMMP development Limited access to credit/loan decision making • Seek net-positive scientific and laboratory (Indonesia) • impacts through analysis Training and guidelines • EMMP Limited social or (Indonesia and Korea) • biodiversity/ecosystems Separate contract for EIA and • impact assessment design consultants (Korea) EMMP development EMMP development EMMP is too generic Consider alternative options • • Mitigation hierarchy is during Pre-EIA study (Korea) • not well adopted Integrate EMMP into a • Alternatives are not concession agreement (Lao • required PDR) 5
2. Key findings (3): Quality of EIA (Review and approval) Key Challenges Good practices Ways forward Technical training of EIA Needs to improve Training for EIA review staff • • • review (Lao PDR/UNDP, technical capacity, collaborating with Indonesia/US-EPA, and staff time and international donors Myanmar/ADB) budget for EIA review. (Indonesia, Lao PDR and Establish an external No external EIA Myanmar). • • review panel for EIA review system Established external review • review (Indonesia, Inter-agency panels for EIA review • Korea, Lao PDR, coordination and (Indonesia, Korea, Lao PDR, Thailand and Viet Nam) consultation Thailand and Viet Nam) Establish regulations Project permission Developed EIA review • • • required environmental issues and/or procedures and guidance permit as requirement construction starts (Myanmar, Lao PDR) for project permission before EIA approval Established regulations • (Indonesia/ADB, required environmental Myanmar/ADB) permit as requirement for project permission (Indonesia and Myanmar) 6
2. Key findings (4): Info disclosure and public participation Key Challenges Good practices Ways forward Establishing web- Access to EIA related Web-based EIA information • • • based EIA information information system (Indonesia, Korea, system Disclosed information Thailand and Viet Nam) • Sharing good is too technical Community engagement in • • practices and Limited public early stage of EIA (Cambodia • experiences through participation to and Indonesia) face to face and/or ensure the quality of NGO involvement in • on-line forums. the EIA monitoring and awareness Training on effective Not all community raising activities (Myanmar, • • public participation members are free to Cambodia) and for fostering speak up Commercial banks • facilitators of public Participation of implement the Equator • participation diverse stakeholders Principles (Indonesia, Lao Holding a series of Public participation PDR) • • public consultation to needs to be Draft EIA law was developed • amend the EIA law stipulated in EIA law. through series of public consultations (Cambodia) 7
2. Key findings (5): Implementation of EMMP Key Challenges Good practices Ways forward Identifying EMMP EMMP • intervention Insufficient quality of Strengthened rules and penalties • • points to ensure EMMP on EMMP implementation EMMP Compliance of (Cambodia, Lao PDR) • implementation EMMP Awarded good mitigation • Promoting No motivation to performance (Indonesia, Thailand) • • information implement EMMP Streamlined EIA into project • sharing among Monitoring financing (Indonesia) various actors Limited budget and Collected and pooled resources for • • to enhance capacity mitigation (Indonesia) cooperation Do not cover Monitoring • Build capacity of important Independent review of monitoring • • various actors monitoring items reports (Korea) Limited validity, Engagement of civil society • • accountability and (Myanmar) effectiveness of Establishment of independent • monitoring results monitoring agency (Lao PDR) 8
2. Key findings (6): SEA and Upstream EIA Key Challenges Good practices Ways forward Raise awareness of the No legal basis and technical SEA is applied to • • • public participation. guidelines of SEA, and landfill site selection Increase hands-on associated institutional (Korea). • experience and capacity. Environmental • applications for policy- Inter-agency coordination Protection Planning • level decision making and consultation is poor. (EPP) component and avoid EIA coming to Baseline data is not was added in the • place too late. available. Environmental Support SEA or other Securing transparency in Protection Law (Viet • • policy-level decision the decision process or Nam). making with data conflict resolution is difficult collection and/or other in many countries. policies/regulations Securing appropriate • that help mainstream resources is difficult or environmental and there is no strong social issues. willingness in many countries. 9
3. Synthesis (1): To strengthen EIA in Asia EIA as a project planning and management tool • Collaboration with other ministries: • Revising legislation of line ministries (Indonesia) • Requiring environmental permission as a pre-condition under the foreign investment law (Myanmar) • Developing more stringent laws with penalty clauses (Cambodia) • Establishing project management online database (Lao PDR) • Capacity development: • For both governments (national and local), and EIA consultants and facilitators of public consultation (Indonesia, Lao PDR, Myanmar) • Establishment of Compliance mechanisms: • EMMP as a part of concession agreements, regular review of the ECC, establishment of an independent monitoring body (Lao PDR) • Review of monitoring report by an external institution (Korea) 10
3. Synthesis (2): To strengthen EIA in Asia EIA as a tool for participatory decision-making process • Stakeholder identification and engagement from earliest possible stage to monitoring and closure stage: stakeholder engagement in screening, scoping, assessment, management plan, review and monitoring improve quality of EIAs, and help to achieve meaningful participation and sustainable development • Relevant and timely information disclosure: users rights to know, access to all relevant information, timing of information disclosure • Collaboration with local organizations and NGOs : identify key stakeholders; addressing cultural, religious and gender issues; managing expectations; and raising awareness and building trust with local communities. 11
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